Stevens+v.+Chesteen

Joann Wagner Samantha Knight Kelsey Cirmotich A.C. Stevens, et. al. V. Donnie Chesteen 89-129  Supreme court of Alabama  April 12, 1990  Filed March 30, 1989 **__Background: __** While recovering from knee surgery, 14 year old Timothy M. Stevens was medically excused from participation in Physical Education class. Despite, his doctor’s instruction, the teacher directed him to observe activities on the football field. Consequently, Timothy suffered additional injury when a player ran into him standing at the sideline. Although he did not participate in the game, he was in close proximity. The hazardous activity resulted in further injury which required additional surgery. The negligence allegation stems from his teacher being temporarily absent at the time of the injury. However, Chesteen maintains he was present. Citing Steven’s deposition, Chesteen argues against claims that the student was “ordered” to participate in class activities or “forced” to stay in a hazardous area. Timothy admits to being aware of his doctor’s instructions and that Chesteen had in fact excused him from participation. **__Decision: __** The Alabama Supreme Court determined that the case of //__Best v. Houtz, 541 So.2d 8 (Ala. 1989)__//, established an undefined obligation of “reasonable supervision” associated with physical education teachers. However, by examining court decisions from other states, the court was able to further determine that it would be impossible for a teacher to “give personal attention to every student all of the time.” Therefore, if an accident occurred under those circumstances, a school could not be held liable without additional evidence of negligence. Being unable to produce supplementary evidence that the injury would not have occurred if the educator were present, the court found in favor of the defendant. **__Impact on Education: __** This case offers educators some measure of protection associated with their responsibility to provide supervision which includes “reasonable care to prevent injuries” with regard to the students in their charge. If a student is recovering from an injury, educators should take the necessary precautions to make certain they are in an area where there is no chance of sustaining further injury. Every effort must be made to ensure the safety of all students at all times, but even the best of efforts cannot protect every student from every unforeseen circumstance. Barring actual instances of negligence on the part of the teacher or school, students must also possess a reasonable measure of responsibility for their own personal safety. **__<span style="font-family: 'Times New Roman','serif';">Applicable Quiz Question: __**

**__<span style="font-family: 'Times New Roman','serif';">True/False __**

**_______** <span style="font-family: 'Times New Roman','serif';">Timothy Stevens stated that Mr. Chesteen had forced him to participate in the football game or receive a participation grade of zero for the day.